The Rule Making Process. Why Make A Rule?. We heard that the XYZ Clinic has one therapist who is supervising 50 aides! We also heard that the therapist only works 5 hours a week!.
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Most Agencies are created by the State Legislature and are assigned specific powers and duties. Among these powers is the ability to promulgate rules. Laws enacted by the legislature are codified in the revised code. Rules written by agencies are codified in the administrative code.
Most States require some type of public comment period or some type of public hearing.
This process allows persons affected by the proposed rules to express their concerns and allow them input into the process.The Administrative Procedures Act/Due Process/and the Rule Making Process:
California, Hawaii, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, Rhode Island, and Texas.
This side-by-side was produced by staff at the National Conference of State Legislatures, using information from The Book of the States, 1998-1999 published by the Council of State Governments. If you have questions or comments, please contact Michael Bird at (202) 624-8686.
Some States may required that effected persons be notified by mail. This may vary from state to state or agency to agency.
Others Agencies may post changes on their Web-Sites or Place adds in their association’s newsletters or professional journals.Administrative Procedures Act and Public Notice Requirements
State Legslative Review of Administrative Regulations by mail. This may vary from state to state or agency to agency.
Prepared bySL Staff as an attachment to thetestimony of New York State Senator Steve Saland before the United States Senate Governmental Affairs CommitteeApril 12, 1999